What is the test for finding frivolous conduct in a civil case?

MultiRegion, United States of America

The following excerpt is from Gillen v. Gates, 56 F.3d 71 (9th Cir. 1995):

Although the court found frivolousness, "the mere fact that [behavior] is frivolous does not of itself establish bad faith." United States v. Blodgett, 709 F.2d 608, 610 (9th Cir. 1983).

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